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August 14, 2010 8:18am by David Farrar

General Debate 14 August 2010

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General Debate

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Rex Widerstrom

Redbaiter:

Viking2’s example isn’t a good one to be arguing because it tells us nothing about the guy’s background (was that his first offence or his tenth? Was he drunk just on that occasion or did he have an alcohol addiction? And a host of other quetions), the offence itself (did he kill an innocent passer-by while drunk, or get into a fight with someone equally as drunk and obnoxious and the other guy came off worst? Was there provocation? An element of self defence? And again, lots more questions).

But “choice” as you imply it to be in such instances – the clear headed decision to take a particular action – rarely plays a part in the commission of most such crimes. Instead a mix of alcohol and emotion over-rides all rationality.

Which is not to say the outcome doesn’t deserve punishment. Just that is we pretend that people in such situations are making carefully considered choices when they’re up to their eyeballs on booze and/or drugs then we’re not going to prevent them reoffending… or, for that matter, a new generation creating their own offneding histories.

And sometimes, a tragic outcome is the result of a momentary flash of emotion to which any of us could fall prey but that has a lifelong effect. For instance where I live they have specific laws treating “one punch assaults” resulting in death as seriously as they treat manslaughter. I know this. I am, I think, a rational person. But if I’m out with my partner and some idiot makes a lunge for her I’m going to punch him. Of course I probably won’t kill him… but the possibility exists I might. However no amount of rationality will overcome my instinct in that moment.

“There but for the grace of God…” (despite my being non-religious) is something I always bear in mind when discussing any offending that doesn’t involve the premeditated infliction of harm on another sentient being. Because I’ve been in situations where it was steal or starve. And I might conceivably one day find myself in one where I’ve caused someone serious harm, though not intending to do so.
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